Christians Ex Rel. Davis v. Homestake Enterprises, Ltd.

I would agree that the trial court erred in its instruction to the jury. However, I would not return this case to the trial court for a new trial. I would hold that the evidence did not warrant recovery against the defendant, Homestake Enterprises, Inc., on the theory of attractive nuisance. I would also hold that public policy prohibits recovery by the plaintiff, because his damages were caused by his negligent use of stolen property, and it would be unreasonable to allow recovery against the defendant even if its negligence in some way contributed to the theft of the prop*60erty, and,…